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1235 #21-002-CPA Transmittal Public HearingORDINANCE NO. 1235 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE CITY'S COMPREHENSIVE PLAN; ADDING A PROPERTY RIGHTS ELEMENT INCLUDING A GOAL, OBJECTIVE AND POLICIES, INCLUDING STATEMENTS OF PROPERTY RIGHTS AS PROVIDED IN FLORIDA STATUTES 163.3177(6), AS REQUIRED BY RECENTLY ADOPTED FLORIDA HOUSE BILL 59; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Of Okeechobee recognizes the need to plan for orderly growth and development; and the State Legislature passed the Community Planning Act requiring all local governments to prepare and adopt a Comprehensive Plan; and WHEREAS, Chapter 163, Florida Statutes authorizes amendments to Adopted Comprehensive Plans under the Expedited Review Process; and WHEREAS, the City recognizes the adoption of House Bill 59 requiring adoption of a Property Rights Element into the City's Comprehensive Plan; and WHEREAS, the Planning Board, acting as the Local Planning Agency of the City of Okeechobee, Florida, recently reviewed and discussed proposed Comprehensive Plan Amendment No. 21-002-CPA at a duly advertised public hearing on August 19, 2021, and determined such request to be consistent with the City's Comprehensive Plan and recommends the City Council transmit the proposed amendment to the State Land Planning Agency for review and approval, and subsequent adoption by ordinance by the City Council; and WHEREAS, the City Council has agreed with the recommendation of the Planning Board and finds that Comprehensive Plan Amendment No. 21-002-CPA complies with the requirements of Florida Statutes 163, Part II, and that the proposed Application is consistent with the City's Comprehensive Plan. NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: SHORT TITLE. THIS ORDINANCE shall be known as a "City of Okeechobee Comprehensive Plan Amendment," pursuant to Florida Statutes 163.3184, regarding Application No. 21-002-CPA and shall be effective within the corporate boundaries of the City of Okeechobee, Florida. SECTION 2: AUTHORITY. This City of Okeechobee Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3184, Florida Statutes. SECTION 3: REVISIONS TO THE COMPREHENSIVE PLAN. The City Council for the City of Okeechobee, Florida amends herein the Comprehensive Plan by adding a Property Rights Element to read as follows: Property Rights Element Goals, Obiectives and Policies Goal: The City shall recognize and respect all judicially acknowledged or constitutionally protected private property rights. Objective 1: Private property rights shall be considered in the City's decision making_ Policy 1.1: Property owners shall have the right to physically possess and control their interests in the property, including easements leases or mineral rights Policy 1.2: Property owners shall have the right to use maintain develop and improve their property for personal use or for the use of any other person subject to state law and local ordinances. Language to be added is underlined. Ordinance No. 1235 - Page 1 of 2 Language to be deleted is skask Ebredgp. Policy 1.3: Property owners shall have the right to privacy and to exclude others from the property to protect their possessions and property. Policy 1.4: Property owners shall have the right to dispose of their property through sale or gift SECTION 3: INCLUSION OF ORDINANCE AND REVISED COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida that the provisions of this Ordinance, and the revisions to the Comprehensive Plan which are incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 4: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the State Land Planning Agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the State Land Planning Agency. INTRODUCED for first reading of the Ordinance for transmittal to the Stale Land Planning Agency at a public hearing this C1 day of September 2021, pursuant ATTEST: Lane G miotea, CMC, , ity Clerk to Florida Statutes 163.3184. Dowling R. Wat®rrd, Jr., Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 7th day of December 2021, pursuant to Florida Statutes 163.3184. Dowling R;-Watford, Jr., Mayor ATTEST: 1 �-',-7 t l+ Lane . amiotea, CMC; /City Clerk REVIEWED R-L AL S C John, . umero, 6ty Attorney Ordinance No. 1235 - Page 2 of 2 Language to be added is underlined. Language to be deleted is stwsk threugh. Ron DeSantis GOVERNOR i _ t FLORIDA DEPARTMENTo' ECONOMIC OPPORTUNITY January 20, 2022 The Honorable Dowling R. Watford, Jr. Mayor, City of Okeechobee 55 Southeast Third Avenue Okeechobee, Florida 34974 Dear Mayor Watford: Dane Eagle SECRETARY .112 140 FEB 0 2 29n l=b The Department of Economic Opportunity ("Department") has completed its review of the comprehensive plan amendment adopted by the City of Okeechobee (Amendment No. 21- 01ESR) by Ordinance No. 1235 on December 7, 2021. We have reviewed the amendment in accordance with the expedited state review process set forth in Section 163.3184(2) and (3), Florida Statutes, and identified no provision that necessitates a challenge of the Ordinance adopting the amendment. If the plan amendment is not challenged by an affected person, the amendment will become effective 31 days after the Department notified the local government that the plan amendment package was complete. If the plan amendment is challenged by an affected person, the amendment will not become effective until the Department or the Administration Commission enters a final order determining the amendment to be "In Compliance." If you have any questions concerning this review, please contact Scott Rogers, Regional Planning Administrator, by telephone at (850) 717-8510 or by email at scott.rogers@deo.myflorida.com. Sincerely, J G' /C Coe l� Scott Rogers, Regional Planning Administrator Bureau of Community Planning and Growth SR/sr cc: Ben Smith, Planning Consultant, LaRue Planning & Management Services, Inc. Patricia Steed, Executive Director, Central Florida Regional Planning Council Florida Department of Economic Opportunity I Caldwell Building 1 107 E. Madison Street I Tallahassee, FL 32399 (850) 245.7105 1 www.FloridaJobs.org I www.Twitter.com/FLDEO I www.Facebook.com/FLDEO An equal opportunity employer/program. Auxiliary aids and service are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TTD equipment via the Florida Relay Service at 711. 1 W 4 W 41M ANDEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken Muros, who on oath says she is the Publisher of the Lake Okeechobee News, a weekly Newspaper published in Okeechobee Counfy,'-FloKWa, that the attached copy of an advertisement being a�/ `Ig :a'': in the matter of i':. '' . rr� .�•:rd�� l.''aa J ��: ,`'�tQ: in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Lake Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. a Katrina Elsken Muros Sworn to and subscribed before me by means of-,4ysical presence or _ online notarization, this t � ..� . day of C E' ; ]`� ' t i' _' d< ",'--AD Notary Public, State of Florida at Large JANET SUE MADRAY , cam MY COMMISSIOP� iP I IFI.129146 EXPIRES: May 12, ?_U25 t F ..,or• p},,• Bonded Thru Notary Putlic Underwriters vTs;:T,iY�^-.i:.x'fO".�tti`hNixruv-'lk"✓.9~%-ssJGtl+'1tiR'Y�Sxs'�� i- r Lake Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 CiTYOFOKEECHOBEE PUBLIC NOTICE FUTURE LAND USE CHANGE PROPOSEDCLTY OP.DiNANCE NOTICELSHEREBY.7 ttettlre Co 27, ofthe QyofCkeedrobee w'I mrrdud a Pubrc Havinrgg on Se 27, 2021, 6PN1, or as son Ifrsuposdble, atCdy Flan 555E rd AVE, Okeedolee, FL h3mrederfhe Post rrtadag fix transnllal m the Stag Lard Planting Agency of the folbwing Ordinance (No. 1235): AN ORDINANCE OF THE any OF OI<EEaMEE, FLORIDA; AMENDING THE CM-S COMPREHENSIVE PLAN; ADDING A PROP- ERTY RIGHTS ELEMENT INCLUDING A GOAL OWECTLVE AND POLICIES TNMUDING STATEMENTS OF PROPERTY RIGHTS AS PROVIDED IN FLORIDA STATUTES1633ll Tt ASREQUIREDBY RECENTLY ADOPTED FLORIDA HOUSE BII15599; PROVIDING FOR FUJDINGSOF FACT; PROVIDING inROIXNFi1CT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE The R Odnqahnce proposes bo anerd the 041s Comp�> rdTse Plan m add a Roperty he Bernent as requhed by House 139 59. The publk isim1w to aWmd and be heard on all nwtlem The prcq� ordnance can be inspected at the address above during regular business tows, Mon -Po, 8 AM4:30 PM, euepr ri.viened on the wed ht4)T//vAvwc yofukeec obee. CBE ADVISED that should you in1enal to straw any docur arr� pirhne, video, or tanis to the Gourd n support or oppac6an m any tern on the agenda, a mpy of thedocumeM picture, videa, or item must be provided m the Gty Clerk for the CAys reoctils. ANY PERSON DECIDING TO APPEAL any decision made by the Courd wth mspecttu any matN-mrnsUffad at this meeting WM treed to ensure a verbatim record of the pioceedn9 Is made and the rend includes the h'stimony and evidence upon whkh the appeal wM be hose. fn a¢nrdance�wilUi the Ai�rrs wiUr Disabiks Act Pis with daabWes shExEld contact 6rytgyOerK50flicemperson oruall 63-%1acoorrynoclabon to, participate n 144, Irriia :bed Florida Relay 71-1 no laterthan by bus'rres days p wto Dy: Qty CK Lana Gary' -lea, a-- 496662ON9/15/202 _ 147WIM ANDEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken Muros, who on oath says she is the Publisher of the Lake Okeechobee News, a weekly Newspaper published in Okeechobee Couufty lorida, that the attached copy of an advertisement being a r_�W ►-c ,t mob*y 4, in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of L4 11 Affiant further says that the said Lake Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Muros Sworn to and subscribed before me by means of Le ysical presence or _ online notarization, this day of _ ,�a AD Notary Public, State of Florida at Large jp E f Sut MADRAY `,SApY PUD • 12916 MY COMMISSION # H �025 •: EXPIRES. May 12, Bondnd'�hru Notary puhlic t)nderwriterr, •"'''.� of f ;YQ' FILE COPY Lake Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 clnroFoREEOiOBEE PROPOSED 001149�TlEf M A1,1AMENDMENT NarI a PUBIC HFARLiG wi be held bAae the QY of OVaediobee PlamhS Boyd (PB), asthe Lod Pkrr hg %9uKY, m Aw gum 19, 2021 6 PM, oral soon tttet= as possbi� at R 4 % 55 SE Mid Av �Rea 2W, Olmediol�ee, F4 h� 0XMIer and �e W t sbmia by dy staff.adithm ourcerniq nadrt�a* No 2 7i CPA, mA , e � recF+eda 59.11re�pubGc� � to at6erd and be herd on al matters. The arnwdrnat is befg In adrane ram The Aopcsed 't'e of the adrarae reads as fdb vs AN ORDINANCE OF THE ,STY OF oiJ;K7j0= FLORIDA; AMr31 M THE a M OpMPREHENSM PLAN; ADDIIIG A PROPERTY HIGHTS ELEMENT DYCLLDDIG A MAL, OBTECf11rE AND PaICIT$ IIiC1UDLIG STATEMEMS OF PROPERTY RIGNrS AS PRO, VIDED IN FLARIDA STATUM 16331T7 6x RRI BY RC{�fil Y ADOPTED RARIDA �D L _ DYG FOR FINDINGS OF FALT; IEDD- PROVIDING FOR SEVERAB=ff, ANDPRM41DM FOR AN ITFECrIVE DATE ter, r fl— . amer at the rneebm and be heard wth and ffmtan9T9MtDtr1er0rrrrau4xuuraRua The gnpoed Art>erdw t can be vfemd/pR� from the w�STe �mrtt/pubk notloe,ymi on rtspa�d at the addre$ above dr+ar9 regrfr b icr>ess taus, D9on Fii, 8 AN}4:M0 PM, eraept furr Widays. BE ADVLSED that shadd 1ou emend Uo stave any doairr>PnC f tue, videp, or b3m to the PB h 'r cppo bon m arty Bern on the a mPf of the dcaane d, pxw video, or ran must be to the Board Seuetary fix the Qtys nerds. ANY PERSON ING TO APPEAL any deacon Trade b/ the PB with respect ba arry maft mraiered at ft pubic taarig. w g r eed m ensure a teary and evida;� upon vfich th appeal VA be based. dance oath the Ameriers with Di aMes Actin bpi -b I needing spedal aoaaaracialion to parfidpa� Iing Droonair � � 7-1-1 no r o thperson an fear btEk� mproaaed< By: Ben Smlh, AICP, City Planing Ca Mho #21-002-CPA 4895aoN8/4,1 M21 e g 4, A 911A hmt+7 P) A • (\1 OF okpfH i T CITY OF OKEECHOBEE, FLORIDA T PLANNING BOARD MEETING -a AUGUST 1 9, 2021 SUMMARY OF BOARD ACTION 1. CALL TO ORDER Chairperson Hoover called the regular meeting of the Planning Board for the City of Okeechobee to order on Thursday, August 19, 2021, at 6:01 P.M. in the City Council Chambers, located at 55 Southeast Third Avenue, Room 200, Okeechobee, Florida, followed by the Pledge of Allegiance. II. ATTENDANCE Roll was taken by Board Secretary Patty Burnette. Chairperson Dawn Hoover, Vice Chairperson Doug McCoy, Board Members Karyne Brass and Mac Jonassaint were present. Board Members Phil Baughman, Rick Chartier and Felix Granados as well as Alternate Board Members Joe Papasso and Jim Shaw were absent with consent. III. AGENDA A. There were no items added, deferred, or withdrawn from the agenda. B. Motion by Board Member Brass, seconded by Vice Chairperson McCoy to approve the agenda as presented. Motion Carried Unanimously. C. There were no comment cards submitted for public participation. IV. MINUTES A. Motion by Board Member Brass, seconded by Vice Chairperson McCoy to dispense with the reading and approve the July 15, 2021, Regular Meeting minutes. Motion Carried Unanimously. V. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:03 P.M A. Comprehensive Plan Small Scale Future Land Use Map (FLUM) Amendment Application No. 21-005-SSA, from Single Family Residential to Commercial on 0.405± acres located on Northeast 13th Street, Lots 19 and 20 of Block 2, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County. 1. City Planning Consultant Mr. Ben Smith of LaRue Planning and Management Services reviewed the Planning Staff Report recommending approval. 2. Mr. Jeff Sumner was present on behalf of the Property Owner, Suraiya Husain Trustee of the Suraiya Husain Revocable Trust Agreement, and Mr. Derrill McAteer was present on behalf of the potential buyer of the property. The board had no questions. 3. There were no public comments offered. 4. There were no Ex-Parte disclosures offered. 5. Motion by Board Member Jonassaint, seconded by Board Member Brass to recommend to the City Council approval of Comprehensive Plan Small Scale FLUM Amendment Application No. 21-005-SSA as presented in [Exhibit 1, which includes the findings as required for granting applications per Code Section 70-340; and the Planning Consultant's analysis of the findings and recommendation for approval]. Motion Carried Unanimously. The recommendation will be forwarded to the City Council for consideration at a Public Hearing tentatively scheduled for September 27, 2021. B. Comprehensive Plan Amendment No. 21-002-CPA, which proposes to adopt a Property Rights Element into the City's Comprehensive Plan as required by House Bill 59. 1. City Planning Consultant Smith reviewed the Planning Staff Report recommending approval. 2. There was no board discussion. 3. There were no public comments offered. 4. There were no Ex-Parte disclosures offered. August 19, 2021, Planning Board Meeting Page 1 of 2 50 V. PUBLIC HEARING ITEM B CONTINUED 5. Motion by Board Member Brass, seconded by Vice Chairperson McCoy to recommend the City Council find proposed Comprehensive Plan Amendment No. 21-002-CPA consistent with the City's Comprehensive Plan and transmit the Amendment to the Florida Department of Economic Opportunity for review and approval as presented in [Exhibit 2, which includes the Planning Consultant's analysis of the findings and recommendation for approval]. Motion Carried Unanimously. The recommendation will be forwarded to the City Council for consideration at a Public Hearing tentatively scheduled for September 27, 2021. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:16 P.M. VI. Chairperson Hoover adjourned the meeting at 6:16 P.M. Submitted by: �(A(V Patty M. Burnette, Secretary Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board with respect to any matter considered at this proceeding, he/she may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services' media are for the sole purpose of backup for official records. August 19, 2021, Planning Board Meeting Page 2 of 2 Staff Report To: Okeechobee Planning Board From: Ben Smith, AICP Meeting Date: August 19, 2021 Subject: Property Rights Element Comprehensive Plan Amendment On June 29t", 2021, the Governor signed House Bill 59 into law. One of the requirements of HB 59 is that every local government in the state of Florida must adopt a Property Rights Element into their Comprehensive Plan. The legislation provides a recommended "statement of rights" for inclusion in the Element. Though local governments are not required to adopt the exact language of the recommended statement of rights, the language that is adopted may not be in conflict with the provided statements. Another requirement of HB 59 is that local governments must adopt the Property Rights Element prior to adoption of any other comprehensive plan amendments that have been initiated after July 1, 2021. As discussed at the July 15, 2021 Planning Board meeting, it is staff's contention that the City's proposed commercial corridor plan amendment was initiated prior to July 1, 2021 and should be allowed to be submitted to the Florida Department of Economic Opportunity (DEO) (state land planning agency) prior to the adoption of the Property Rights Element. City staff corresponded with DEO staff and provided documentation to verify that advertised public workshops for the proposed commercial corridor plan amendment were held in April and May and that the City paid for public hearing advertisement of that amendment in June prior to the adoption of the legislation. Nevertheless, DEO staff has stated that they are not considering the amendment to be initiated prior to July 1st because a public hearing was not held in June. At the July public hearing for the proposed commercial corridor amendment, the Planning Board voted to continue the hearing of that amendment to the September meeting and directed staff to bring the Property Rights Element for a public hearing as soon as possible so that it could be adopted prior to, or concurrently with the adoption of the Commercial Corridor Amendment. Attached is a proposed Ordinance for adoption of the Property Rights Element. The language that is included in the proposed policies is the recommended statement of rights included in the legislation. The proposed Goal includes an excerpt of existing language from Florida Statute Section 163.3161(10), which is also referenced in HB 59, along with Florida Statute Section 187.101(3). The full text of those statute sections is provided below. The full, adopted text of HB 59 is also attached. If the Planning Board, acting as City's Local Planning Agency, agrees that the text changes in this proposed amendment are desirable and consistent with the City's Comprehensive Plan, we request that they recommend that the City Council transmit this amendment to DEO. The Board may also consider adopting alternative language for the Property Rights Element, as long as it does not conflict with the statement of rights provided in the statute. If the City Council also agrees that this proposed amendment is desirable and consistent with the City's Comprehensive Plan, then they may vote to transmit to DEO. Once the state and various agencies (FDOT, FDEP, SFWMD, etc.) have had 30 days to review the amendment, if there are providing Flanning and management solutions for local governments V5 Jackson Street,Swte2.o6 Fort Myers, FL_339o1 239-j34-3366 www.larucplanning.coni no objections, then the City Council may adopt the amendment at a final public hearing. Florida Statute Section 163.3161(10) It is the intent of the Legislature that all governmental entities in this state recognize and respect judicially acknowledged or constitutionally protected private property rights. It is the intent of the Legislature that all rules, ordinances, regulations, comprehensive plans and amendments thereto, and programs adopted under the authority of this act must be developed, promulgated, implemented, and applied with sensitivity for private property rights and not be unduly restrictive, and property owners must be free from actions by others which would harm their property or which would constitute an inordinate burden on property rights as those terms are defined in s. 70.001(3)(e) and (f). Full and just compensation or other appropriate relief must be provided to any property owner for a governmental action that is determined to be an invalid exercise of the police power which constitutes a taking, as provided by law. Any such relief must ultimately be determined in a judicial action. Florida Statute Section 187.101(3) The goals and policies contained in the State Comprehensive Plan shall be reasonably applied where they are economically and environmentally feasible, not contrary to the public interest, and consistent with the protection of private property rights. The plan shall be construed and applied as a whole, and no specific goal or policy in the plan shall be construed or applied in isolation from the other goals and policies in the plan. 14o'� 2 ORDINANCE NO AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE CITY'S COMPREHENSIVE PLAN; ADDING A PROPERTY RIGHTS ELEMENT, INCLUDING A GOAL, OBJECTIVE AND POLICIES, INCLUDING STATEMENTS OF PROPERTY RIGHTS AS PROVIDED IN FLORIDA STATUTE 163.3177(6), AS REQUIRED BY RECENTLY ADOPTED FLORIDA HOUSE BILL 59; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City Of Okeechobee recognizes the need to plan for orderly growth and development; and the State Legislature passed the Community Planning Act requiring all local governments to prepare and adopt a Comprehensive Plan; and WHEREAS, Chapter 163, Florida Statutes, authorizes amendments to Adopted Comprehensive Plans under the Expedited Review Process; and WHEREAS, The City recognizes the adoption of House Bill 59 requires adoption of a Property Rights Element into the City's Comprehensive Plan; and WHEREAS, the Planning Board, acting as the Local Planning Agency of the City of Okeechobee, Florida, recently reviewed and discussed proposed Comprehensive Plan Amendment No 21-002-CPA at a duly advertised public hearing on August 19, 2021, determined such request to be consistent with the City's Comprehensive Plan and recommends the City Council transmit the proposed amendment to the State Land Planning Agency for review and approval, and subsequent adoption by ordinance by the City Council; and WHEREAS, the City Council has agreed with the recommendation of the Planning Board and finds that Comprehensive Plan Amendment 21-002-CPA complies with the requirements of Florida Statute 163, Part II, and that the proposed application is consistent with the City's Comprehensive Plan. NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: SHORT TITLE. THIS ORDINANCE shall be known as a "City of Okeechobee Comprehensive Plan Amendment," pursuant to F.S. 163.3184, regarding Application No. 21-002-CPA and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2: AUTHORITY. This City of Okeechobee Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3184, Florida Statutes. SECTION 3: REVISIONS TO THE COMPREHENSIVE PLAN. The City Council for the City of Okeechobee, Florida amends herein the Comprehensive Plan by adding a Property Rights Element to read as follows: Property Rights Element Goals, Objectives and Policies Goal: The City shall recognize and respect all judicially acknowledged or constitutionally protected private property rights. Objective 1: Private property rights shall be considered in the City's decision making. Policy 1.1: Property owners shall have the right to physically possess and control their interests in the property, including easements, leases, or mineral rights. Policy 1.2: Property owners shall have the right to use maintain develop, and improve their property for personal use or for the use of any other person, subject to state law and local ordinances. Policy 1.3: Property owners shall have the right to privacy and to exclude others from the property to protect their possessions and property. Policy 1.4: Property owners shall have the right to dispose of their property through sale or gift. SECTION 3: INCLUSION OF ORDINANCE AND REVISED COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida that the provisions of this Ordinance, and the revisions to the Comprehensive Plan which are incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 4: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6: EFFECTIVE DATE. Effective Date. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the State Land Planning Agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the State Land Planning Agency. INTRODUCED for first reading of the ordinance for transmittal to the State Land Planning Agency at a public hearing this day of 2021, pursuant to F.S. 163.3184. PASSED AND ADOPTED after Second and Final Public Hearing this day of , 2021, pursuant to F.S. 163.3184. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John J. Fumero, City Attorney Dowling Watford, Mayor F L O R I D A H O U S E O F ENROLLED CS/CS/CS/HB 59, Engrossed 1 1 Ow? Man nr►�od � 1-0a - CPA 010*1235 R E P R E S E T A T I V E S 2021 Legislature 2 An act relating to growth management; amending s. 3 163.3167, F.S.; specifying requirements for certain 4 comprehensive plans effective, rather than adopted, 5 after a specified date and for associated land 6 development regulations; amending s. 163.3177, F.S.; 7 requiring local governments to include a property 8 rights element in their comprehensive plans; providing 9 a statement of rights which a local government may 10 use; requiring a local government to adopt a property 11 rights element by the earlier of its adoption of its 12 next proposed plan amendment initiated after a certain 13 date or the next scheduled evaluation and appraisal of 14 its comprehensive plan; prohibiting a local 15 government's property rights element from conflicting 16 with the statement of rights contained in the act; 17 amending s. 163.3237, F.S.; providing that the consent 18 of certain property owners is not required for 19 development agreement changes under certain 20 circumstances; providing an exception; amending s. 21 337.25, F.S.; requiring the Department of 22 Transportation to afford a right of first refusal to 23 certain individuals under specified circumstances; 24 providing requirements and procedures for the right of 25 first refusal; amending s. 380.06, F.S.; authorizing Page 1 of 8 CODING: Words wee are deletions; words underlined are additions. hb0059-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB 59, Engrossed 1 2021 Legislature 26 certain developments of regional impact agreements to 27 be amended under certain circumstances; providing 28 retroactive applicability; providing a declaration of 29 important state interest; providing an effective date. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1. Subsection (3) of section 163.3167, Florida 34 Statutes, is amended to read: 35 163.3167 Scope of act.- 36 (3) A municipality established after the effective date of 37 this act shall, within 1 year after incorporation, establish a 38 local planning agency, pursuant to s. 163.3174, and prepare and 39 adopt a comprehensive plan of the type and in the manner set out 40 in this act within 3 years after the date of such incorporation. 41 A county comprehensive plan is controlling until the 42 municipality adopts a comprehensive plan in accordance with this 43 act. A comprehensive plan for a newly incorporated municipality 44 which becomes effective used after January 1, 2016 2919, and 45 all land development regulations adopted to implement the 46 comprehensive plan must incorporate each development order 47 existing before the comprehensive plan's effective date, may not 48 impair the completion of a development in accordance with such 49 existing development order, and must vest the density and 50 intensity approved by such development order existing on the Page 2 of 8 CODING: Words s4k*en are deletions; words underlined are additions. hb0059-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB 59, Engrossed 1 2021 Legislature 51 effective date of the comprehensive plan without limitation or 52 modification. 53 Section 2. Paragraph (i) is added to subsection (6) of 54 section 163.3177, Florida Statutes, to read: 55 163.3177 Required and optional elements of comprehensive 56 plan; studies and surveys.- 57 (6) In addition to the requirements of subsections (1)- 58 (5), the comprehensive plan shall include the following 59 elements: 60 (i)l. In accordance with the legislative intent expressed 61 in ss. 163.3161(10) and 187.101(3) that governmental entities 62 respect judicially acknowledged and constitutionally protected 63 private property rights, each local government shall include in 64 its comprehensive plan a property rights element to ensure that 65 private property rights are considered in local decisionmaking. 66 A local government may adopt its own property rights element or 67 use the following statement of rights: 68 69 The following rights shall be considered in local 70 decisionmaking: 71 72 1. The right of a property owner to physically 73 possess and control his or her interests in the 74 property, including easements, leases, or mineral 75 rights. Page 3of8 CODING: Words s+; are deletions; words underlined are additions. hb0059-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB59, Engrossed 1 2021 Legislature 77 2. The right of a property owner to use, maintain, 78 develop, and improve his or her property for personal 79 use or for the use of any other person, subject to 80 state law and local ordinances. 81 82 3. The right of the property owner to privacy and to 83 exclude others from the property to protect the 84 owner's possessions and property. 85 86 4. The right of a property owner to dispose of his or 87 her property through sale or gift. 88 89 '2. Each local government must adopt a property rights 90 element in its comprehensive plan by the earlier of the date of 91 its adoption of its next proposed plan amendment that is 92 initiated after July 1, 2021, or the date of the next scheduled 93 evaluation and appraisal of its comprehensive plan pursuant to 94 s. 163.3191. If a local government adopts its own property 95 rights element, the element may not conflict with the statement 96 of rights provided in subparagraph 1. 97 Section 3. Section 163.3237, Florida Statutes, is amended 98 to read: 99 163.3237 Amendment or cancellation of a development 100 agreement. —A development agreement may be amended or canceled by Page 4 of 8 CODING: Words sk'E;ken are deletions; words underlined are additions. hb0059-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB 59, Engrossed 1 2021 Legislature 101 mutual consent of the parties to the agreement or by their 102 successors in interest. A party or its designated successor in 103 interest to a development agreement and a local government may 104 amend or cancel a development agreement without securing the 105 consent of other parcel owners whose property was originally 106 subject to the development agreement, unless the amendment or 107 cancellation directly modifies the allowable uses or 108 entitlements of such owners' property. 109 Section 4. Subsection (4) of section 337.25, Florida 110 Statutes, is amended to read: ill 337.25 Acquisition, lease, and disposal of real and 112 personal property.- 113 (4) The department may convey, in the name of the state, 114 any land, building, or other property, real or personal, which 115 was acquired under subsection (1) and which the department has 116 determined is not needed for the construction, operation, and 117 maintenance of a transportation facility. When such a 118 determination has been made, property may be disposed of through 119 negotiations, sealed competitive bids, auctions, or any other 120 means the department deems to be in its best interest, with due 121 advertisement for property valued by the department at greater 122 than $10,000. A sale may not occur at a price less than the 123 department's current estimate of value, except as provided in 124 paragraphs (a)-(d). The department may afford a right of first 125 refusal to the local government or other political subdivision Page 5 of 8 CODING: Words spa are deletions; words underlined are additions. hb0059-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB 59, Engrossed 1 2021 Legislature 126 in the jurisdiction in which the parcel is situated, except in a 127 conveyance transacted under paragraph (a), paragraph (c), or 128 paragraph (e). Notwithstanding any provision of this section to 129 the contrary, before any conveyance under this subsection may be 130 made, except a conveyance under paragraph (a) or paragraph (c), 131 the department shall first afford a right of first refusal to 132 the previous property owner for the department's current 133 estimate of value of the property. The right of first refusal 134 must be made in writing and sent to the previous owner via 135 certified mail or hand delivery, effective upon receipt. The 136 right of first refusal must provide the previous owner with a 137 minimum of 30 days to exercise the right in writing and must be 138 sent to the originator of the offer by certified mail or hand 139 delivery, effective upon dispatch. If the previous owner. 140 exercises his or her right of first refusal, the previous owner 141 has a minimum of 90 days to close on the property. The right of 142 first refusal set forth in this subsection may not be required 143 for the disposal of property acquired more than 10 years before 144 the date of disposition by the department. 145 (a) If the property has been donated to the state for 146 transportation purposes and a transportation facility has not 147 been constructed for at least 5 years, plans have not been 148 prepared for the construction of such facility, and the property 149 is not located in a transportation corridor, the governmental 150 entity may authorize reconveyance of the donated property for no Page 6 of 8 CODING: Words StFiGWn are deletions; words underlined are additions. hb0059-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB 59, Engrossed 1 2021 Legislature 151 consideration to the original donor or the donor's heirs, 152 successors, assigns, or representatives. 153 (b) If the property is to be used for a public purpose, 154 the property may be conveyed without consideration to a 155 governmental entity. 156 (c) If the property was originally acquired specifically 157 to provide replacement housing for persons displaced by 158 transportation projects, the department may negotiate for the 159 sale of such property as replacement housing. As compensation, 160 the state shall receive at least its investment in such property 161 or the department's current estimate of value, whichever is 162 lower. It is expressly intended that this benefit be extended 163 only to persons actually displaced by the project. Dispositions 164 to any other person must be for at least the department's 165 current estimate of value. 166 (d) If the department determines that the property 167 requires significant costs to be incurred or that continued 168 ownership of the property exposes the department to significant 169 liability risks, the department may use the projected 170 maintenance costs over the next 10 years to offset the 171 property's value in establishing a value for disposal of the 172 property, even if that value is zero. 173 (e) If, at the discretion of the department, a sale to a 174 person other than an abutting property owner would be 175 inequitable, the property may be sold to the abutting owner for Page 7 of 8 CODING: Words StFiGkG i are deletions; words underlined are additions. hb0059-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/HB59, Engrossed 1 2021 Legislature 176 the department's current estimate of value. 177 Section 5. Paragraph (d) of subsection (4) of section 178 380.06, Florida Statutes, is amended to read: 179 380.06 Developments of regional impact.- 180 (4) LOCAL GOVERNMENT DEVELOPMENT ORDER.- 181 (d) Any agreement entered into by the state land planning 182 agency, the developer, and the local government with respect to 183 an approved development of regional impact previously classified 184 as essentially built out, or any other official determination 185 that an approved development of regional impact is essentially 186 built out, remains valid unless it expired on or before April 6, 187 2018, and may be amended pursuant to the processes adopted by 188 the local government for amending development orders. Any such 189 agreement or amendment may authorize the developer to exchange 190 approved land uses, subject to demonstrating that the exchange 191 will not increase impacts to public facilities. This paragraph 192 applies to all such agreements and amendments effective on or 193 after April 6, 2018. 194 Section 6. The Legislature finds and declares that this 195 act fulfills an important state interest. 196 Section 7. This act shall take effect July 1, 2021. Page 8 of 8 CODING: Words S44%R are deletions; words underlined are additions. hb0059-05-er Bobbie Jenkins From: Bobbie Jenkins Sent: Thursday, September 23, 2021 3:52 PM To: 'Ben Smith' Cc: Lane Gamiotea; City - J.J. Smith; Patty Burnette Subject: September 27th City Council Agenda Attachments: Agenda CC 09 27 21 Final Budget Hearing and Regular Meeting.pdf; CC Agenda 09 27 21 Ex 2.pdf, CC Agenda 09 27 21 Ex 4.pdf Ben — attached are the following for your records: • 9/27 Council meeting agenda • Exhibit 2 (Ord. 1234 #21-005-SSA) • Exhibit 4 (Ord. 1235 #21-002-CPA) See you Monday! Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9814 Direct: (863) 763-9814 Fax: (863) 763-1686 Ft" ; NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. Bobbie Jenkins From: Ben Smith <ben@larueplanning.com> Sent: Friday, August 20, 2021 1:07 PM To: Lane Gamiotea; Bobbie Jenkins Cc: Patty Burnette Subject: Ordinances for 21-005-SSA and 21-002-CPA Attachments: Draft Ord 21-005-SSA.docx; 21-002-CPA Draft Ordinance.docx Lane and Bobbie, Please see attached draft ordinances for 21-005-SSA and 21-002-CPA. Please let me know if you need anything further for these. Thanks, 13evt Sm tk, AICP, LEEP GA L.aRUe planning + 375 ,Jackson jt #Zo6, Fort M.9ers, FL 3390 i ?39-55+--3366 kenOlarueOanning.com 1 ORDINANCE NO AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE CITY'S COMPREHENSIVE PLAN; ADDING A PROPERTY RIGHTS ELEMENT, INCLUDING A GOAL, OBJECTIVE AND POLICIES, INCLUDING STATEMENTS OF PROPERTY RIGHTS AS PROVIDED IN FLORIDA STATUTE 163.3177(6), AS REQUIRED BY RECENTLY ADOPTED FLORIDA HOUSE BILL 59; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City Of Okeechobee recognizes the need to plan for orderly growth and development; and the State Legislature passed the Community Planning Act requiring all local governments to prepare and adopt a Comprehensive Plan; and WHEREAS, Chapter 163, Florida Statutes, authorizes amendments to Adopted Comprehensive Plans under the Expedited Review Process; and WHEREAS, The City recognizes the adoption of House Bill 59 requires adoption of a Property Rights Element into the City's Comprehensive Plan; and WHEREAS, the Planning Board, acting as the Local Planning Agency of the City of Okeechobee, Florida, recently reviewed and discussed proposed Comprehensive Plan Amendment No 21-002-CPA at a duly advertised public hearing on August 19, 2021, determined such request to be consistent with the City's Comprehensive Plan and recommends the City Council transmit the proposed amendment to the State Land Planning Agency for review and approval, and subsequent adoption by ordinance by the City Council; and WHEREAS, the City Council has agreed with the recommendation of the Planning Board and finds that Comprehensive Plan Amendment 21-002-CPA complies with the requirements of Florida Statute 163, Part II, and that the proposed application is consistent with the City's Comprehensive Plan. NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: SHORT TITLE. THIS ORDINANCE shall be known as a "City of Okeechobee Comprehensive Plan Amendment," pursuant to F.S. 163.3184, regarding Application No. 21-002-CPA and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2: AUTHORITY. This City of Okeechobee Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3184, Florida Statutes. SECTION 3: REVISIONS TO THE COMPREHENSIVE PLAN. The City Council for the City of Okeechobee, Florida amends herein the Comprehensive Plan by adding a Property Rights Element to read as follows: Property Rights Element Goals, Obiectives and Policies Goal: The City shall recognize and respect all judicially acknowledged or constitutionally protected private property rights. Objective 1: Private property rights shall be considered in the City's decision making. Policy 1.1: Property owners shall have the right to physically possess and control their interests in the property, including easements leases, or mineral rights. Policy 1.2: Property owners shall have the right to use maintain develop, and improve their property for personal use or for the use of any other person subject to state law and local ordinances. Policy 1.3: Property owners shall have the right to privacy and to exclude others from the property to protect their possessions and property. Policy 1.4: Property owners shall have the right to dispose of their property through sale or gift. SECTION 3: INCLUSION OF ORDINANCE AND REVISED COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida that the provisions of this Ordinance, and the revisions to the Comprehensive Plan which are incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 4: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6: EFFECTIVE DATE. Effective Date. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the State Land Planning Agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the State Land Planning Agency. INTRODUCED for first reading of the ordinance for transmittal to the Stale Land Planning Agency at a public hearing this day of 2021, pursuant to F.S. 163.3184. PASSED AND ADOPTED after Second and Final Public Hearing this day of 2021, pursuant to F.S. 163.3184. Dowling Watford, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John J. Fumero, City Attorney Pattv Burnette From: Gloria M. Velazquez <GVelazquez@nasonyeager.com> Sent: Wednesday, August 4, 2021 6:51 PM To: ben@larueplanning.com Cc: Patty Burnette; Gary Ritter; Robin Brock; John Fumero; James G. LaRue; Lane Gamiotea; Bobbie Jenkins Subject: RE: Proposed Property Rights Element for City of Okeechobee Hello Ben. I reviewed the Ordinance language and it looks good. I see that the ordinance language adopts the proposed language included in the adopted HB 59. Let me know if you have any further questions on this. Gloria Gloria M. Velazquez Attorney at Law Email: gvelazquezPnasonyeager.com Tel: 561-686-3307 1 Fax:561-686-5442 Profile vCard iLQKAM. VLLA.QULZ i.1-1 Best Laver NasonYen GERSON f lARR15 & FU141ERO. PA. U Al IORNLYS AI LAw Lsl. 1960 750 Park of Commerce Blvd., Suite 21( Raton I FL 133487 www.nasonveager.com The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual ore ntity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you receive this communication in error, please notify us immediately by telephone (collect) and return the original message to us at the above address via the U.S. Postal Service. We will reimburse you for postage and/or telephone expenses. WIRE FRAUD ADVISORY: Due to the increased risk associated with wire fraud and e-mail hacking and phishing attacks, in the event you receive an e-mail from Nason Yeager containing wire transfer instructions, please call Nason Yeager using previously known contact information and NOT information provided in the email, to verify the information contained within said wire transfer instructions prior to sending funds pursuant to such wire transfer instructions. Think Green! Please do not print this e-mail unless absolutely necessary. From: Ben Smith [mailto:ben@larueplanning.coml Sent: Thursday, July 22, 20214:03 PM To: Gloria M. Velazquez <GVelazquez@nasonyeager.com> Cc: Patty Burnette<pburnette@cityofokeechobee.com>; Gary Ritter <gritter@cityofokeechobee.com>; Robin Brock <rbrock@cityofokeechobee.com>; John Fumero <JFumero@nasonyeager.com>; James G. LaRue <jim@larueplanning.com>; Lane Gamiotea<Iamiotea@cityofokeechobee.com>; Bobbie Jenkins <bjenkins@cityofokeechobee.com> Subject: Proposed Property Rights Element for City of Okeechobee Gloria, At their meeting last week, the Okeechobee Planning Board voted to continue proposed commercial corridor comprehensive plan amendment (21-001-CPA) to their September meeting and also directed us to bring the required Property Rights Element comprehensive plan amendment (21-002-CPA) before them for a public hearing for the next possible Planning Board meeting so that it can be adopted prior to, or concurrently with, the commercial corridor amendment. Our goal is to advertise it for their August meeting. Will you please have a look at the attached draft ordinance and let us know if you see any issues? I'm available if you would like to discuss. Thanks, T3evt Smitinn, AICP, LEED GA LaKUC planning 1 375 �ac(<son,�jt #206, Fort Myers, rL 359oi 2�9-334-3366 1annin&corn This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http://www.mimecast.com 61wIQ ( Est i T Patt Burnette colcv cc i�eJJ(_Q. From: Ben Smith <ben@larueplanning.com> Sent: Tuesday, August 3, 2021 2:49 PM To: Patty Burnette Subject: RE: Proposed Property Rights Element for City of Okeechobee She actually just called and we just got done speaking. She had a bunch of questions but she is good with it. And she said she'll try to run it by John as well before the advertising deadline. I.3eK Smitk, AICP, LEE[) GA LaKUC P _ n"qq 1 V 5 Jackson 5t #Z06, fort Myers, FL_ 35901 Lai-55`F-5566 ken0laruel2lannins.com From: Patty Burnette<pburnette@cityofokeechobee.com> Sent: Tuesday, August 3, 2021 2:13 PM To: Ben Smith <ben@larueplanning.com> Subject: RE: Proposed Property Rights Element for City of Okeechobee Ben have you gotten a response back from Gloria yet on this one? Patty M. Burnette Cj, eneraCServices Coordinator City o. f Okeechobee 55 SE 3rd Avenue Okeechobee, T L 34974 Phone: (863) 763-3372 ext. 9820 Direct. (863) 763-9820 Fax: (863) 763-1686 e-maiC- -pburtiette@citUofokeechobce.cont website: www.cituofokeechobee.com 1 No Qnscwr (eedtp Pattv Burnette From: Ben Smith <ben@larueplanning.com> Sent: Thursday, July 22, 2021 4:03 PM To: Gloria M. Velazquez Cc: Patty Burnette; Gary Ritter, Robin Brock; John Fumero; lames G. LaRue; Lane Gamiotea; Bobbie Jenkins Subject: Proposed Property Rights Element for City of Okeechobee Attachments: 21-002-CPA Draft Ordinance.pdf; HB 59.pdf; 21-002-CPA Draft Ordinance.docx; Staff Report to PB- Prop Rights Element Amendment.pdf Gloria, At their meeting last week, the Okeechobee Planning Board voted to continue proposed commercial corridor comprehensive plan amendment (21-001-CPA) to their September meeting and also directed us to bring the required Property Rights Element comprehensive plan amendment (21-002-CPA) before them for a public hearing for the next possible Planning Board meeting so that it can be adopted prior to, or concurrently with, the commercial corridor amendment. Our goal is to advertise it for their August meeting. Will you please have a look at the attached draft ordinance and let us know if you see any issues? I'm available if you would like to discuss. Thanks, SeK Smitk, AICP, LEE[) GA LaKue n IM 1 5^ 1 375 ,Jackson `jt #Z06, tort Myers, rL 3 o l 239-334-�,366 i�enC��an�cFlannin�.com